Ohio Administrative Code
Title 3349 - Northeast Ohio Medical University
Chapter 3349-7 - Human Resource Rules
Section 3349-7-152 - Termination and notice of termination
Universal Citation: OH Admin Code 3349-7-152
Current through all regulations passed and filed through September 16, 2024
(A) Purpose
To establish a rule for notice of termination of administrative staff and unclassified hourly employees.
(B) Scope
This rule applies to all administrative staff and unclassified hourly employees.
(C) Definitions
(1)
Consult rule
3347-7-01 of the Administrative Code.
(2)
"Appointing
Authority" is the appointing authority for the administrative staff is the
employee's division director; the appointing authority for unclassified hourly
personnel is the director of human resources.
(3)
"Immediate
Supervisor" is the person who directs or oversees the work of
another.
(4)
"Notice" is formal notification of termination of
employment at the university.
(5)
"Service Date" is
the first day of the employee's service at the university.
(D) Rule statement
(1)
All administrative staff and unclassified hourly employee
appointments must be approved by or ratified by the board of trustees in order
to be effective. The service date may be different than the approval or
ratification date. All administrative staff and unclassified hourly employees
are "at will" employees of the university.
(2)
Administrative
staff and unclassified hourly appointments are ordinarily made with the
expectation that they will continue during good behavior and efficient service
until notice is given by either the employee or the university except as
described in paragraph (D)(3) of this rule.
(3)
Administrative
staff and unclassified hourly appointments for specific periods may be issued
with the approval of the appointing authority. All employees who are fully
funded on grants are appointed for a specified term. An appointment for a
specified term will terminate on the last day of the term. No notice is
required to terminate the appointment.
(4)
Termination may
be initiated by the employee through resignation or retirement with reasonable
notice. Reasonable notice by the employee is considered thirty calendar days
unless an earlier date is negotiated with the immediate
supervisor.
(5)
In the case of the termination of employment of an
employee holding faculty rank in an academic department, the employee's faculty
rights and privileges are preserved, unless proceedings to terminate the
faculty appointment are undertaken in accordance with the faculty bylaws.
Salary and benefits will be reviewed on a case by case basis.
(6)
Notice of
termination for terminations without cause
(a)
If the university
intends to terminate the employment of an employee, without cause, the
appointing authority will issue notice in accordance with the schedule below.
The schedule herein, including weekends and holidays, establishes the last date
of the employee's employment. The appointing authority may exercise discretion
when determining the last day at the work site.
|
Completed years of continuous service |
Calendar days of notice |
|
1 - 4.99 years |
30 days |
|
5 - 9.99 years |
60 days |
|
10 - 19.99 years |
90 days |
|
20 years |
120 days |
(b)
The immediate supervisor and the director of human
resources will meet with the employee and provide the employee with a copy of
the notice. If the employee is unable or unwilling to attend the meeting,
notice may be sent to the employee's last known address via U.S.
mail.
(c)
Pay and benefits
(i)
The date used for
the calculation of notice under this rule is the employee's service
date.
(ii)
Current salary, group health insurance and other fringe
benefits continue during the notice period subject to all usual deductions
including applicable taxes and employee contribution for
benefits.
(iii)
Salary and benefits will be paid in accordance with
this rule until the last day of employment, even if the appointing authority
exercises its discretion and sets the last day at the work site at a time prior
to the last day of employment.
(7)
Suspension and
termination for cause
(a)
An employee who has not received a notice may continue
employment during good behavior and efficient service, but may be removed
without notice or be reduced in position, suspended, or removed for
incompetency, inefficiency, dishonesty, drunkenness, possession or use of
illegal drugs, immoral conduct, insubordination, discourteous treatment of the
public, neglect of duty, or any acts of misfeasance, malfeasance, or
nonfeasance.
(b)
In the event of conduct outlined in paragraph (D)(7)(a)
of this rule, the immediate supervisor after consultation with the director of
human resources, may provide notice to the employee of the proposed
termination. The employee will be provided an opportunity for a meeting with
the employee's respective appointing authority, immediate supervisor and the
director of human resources. If after this meeting the appointing authority
determines that it is appropriate to terminate the employee for cause, the
appointing authority may provide notice and the university will not be
obligated to pay salary and benefits to the employee after the issuance of
notice.
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